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The Philippines became independent in 1946 but its legal and constitutional framework was erected in the 1935 … Constitution. The 1987 Constitution did little to change these provisions in the midst of economic reforms that were undertaken to … constitution have played the role of iron economic laws because of their relative permanence in the legal framework. These …
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Although democracy is today the most common form of government, the Law and Economics literature has neglected for a long time the role of social preferences in lawmaking. This article aims at capturing the endogenous process of lawmaking: in democracies, people partly determine the law they...
Persistent link: https://www.econbiz.de/10010466905
Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the...
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I argue that legal and constitutional theory should avoid the idea of constituent power. It is unhelpful in seeking to understand the authority of law and the place of written constitutions in such an understanding. In particular, it results in a deep ambivalence about whether authority is...
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The fundamentalist approach of the conservative bloc of Justices on the U.S. Supreme Court in regards to corporate spending on political campaigns skews government processes and generates unintended consequences. This paper discusses the historical approach of the Framers to invigorate the new...
Persistent link: https://www.econbiz.de/10012962507